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My (Ontario) lease requires that I move out six days before the end of the month, because I signed it on August 25, 2014. I actually had to pay the prorated amount for August 25, 2014-August 31, 2014. The lease specifically says my lease ends on the 25th.
So can I prorate the rent? I've asked the landord, but as is typical of her, she hasn't bothered replying for over a week now.
She's a bit psycho, has illegally entered my unit before, and has interfered with my property. I'm out of the country at the moment and am afraid she'll trash all of my belongings and abuse my rights, especially since I will be leaving that province (thank God) and won't be able to attend any Tenant and Board hearings.
Based on exactly what you have stated and what you said your lease states, if it were me, I would pay the prorated rent for the month of August. Another way to think about the logic of doing so is that by paying the prorated rent for August then you have paid EXACTLY 12 months of rent and that is EXACTLY what your lease specifies based on the dates and that is EXACTLY what you were legally obligated to do. So even if the LL finally gets back to you and states that you have to pay the full month of August, then they would be wrong.
A 12 month lease term + payments of exactly 12 months rent = exactly 12 months no matter how much anyone may try to slice it up.
You said you paid prorated rent when you moved in, right? How was that handled? Did you pay the rent from the 25th to the 30th and then start paying regularly? What day of the month is your rent due? How many full months of rent have you paid? If you have paid 11 full months of rent, then you can prorate the last month. If you have already had the first month prorated, then you cannot.
You said you paid prorated rent when you moved in, right? How was that handled? Did you pay the rent from the 25th to the 30th and then start paying regularly? What day of the month is your rent due? How many full months of rent have you paid? If you have paid 11 full months of rent, then you can prorate the last month. If you have already had the first month prorated, then you cannot.
Doesn't make sense. Your analogy would only equal 11 months and 25 days of rent. I do believe you have this backwards.
IF, as OP stated, they paid prorated rent on the front end (8/25 - 8/30) of lease then they should also pay prorated rent on the back end (8/1 - 8/25) of lease so it equals exactly 12 full months worth of rent. They stated their lease runs from 8/25/14 to 8/25/15.
And as far as what day their rent was due, it must be the 1st or why would they even prorate the first month if it was due on the 25th of each month?
OP, I would think you'd be able to pro-rate, but your lease may say otherwise.
When I lived in Ann Arbor (college town), the first year of leases were often written for, say, September 1st through August 20th, but you still had to pay full rent for August. They got around it by stating there was an amount of rent due for the entire lease period (even though it wasn't a year), and it was due in 12 equal installments on the 1st of the month. (Seemed really unfair for the first year, but after that you were on a yearly lease, e.g. August 21st to August 20th.)
My first apartment here in New Hampshire, all leases ended on the 28th of a month. The lease was NOT written the way leases were in Ann Arbor, so I pro-rated the rent when I paid for the last month. The management company took the remaining rent out of my security deposit. I wrote and called them for an explanation as to why I had to pay rent for 2 days AFTER the lease ended (in my case, April 29th and April 30th), but I never got a reply, and I was too busy unpacking in my new house to follow up. I still don't know how they got away with it.
Canada? Probably unless you are in Ontario oregon.
I don't accept prorated rent for the last month. Just because the tenant says he will be out mid-month doesn't mean he will be. I get the full months rent and return the unused portion.
It's not unusual for tenants to be in a house 2-3 days past their move out date because they underestimated how much work and time it takes to move out.
I'm not your landlord, though, so you'll have to ask your own landlord. I'm not in Canada so I don't even know if your notice was legal, let alone what Canadian law is.
I agree with the last poster and we actually had it two months ago and that tenant wanted the pro-rated money back as they were sure they would be out.
We told them when you are completely out we will return it and of course we got the keys back two days after they claimed they would be out.
I'm surprised at those who say they want the whole month's rent up-front, then they'll refund anything owed back. If I were a tenant, I'd be annoyed, especially if (say) my move-out day were the 10th but the LL wanted me to pay the entire month's rent on the 1st? Really?
My leases have a "penalty rate" for days beyond the tenants' move-out date, so there aren't too many tenants who would want to pay that, and therefore they move out on time (my most recent tenants were out 4 days early, actually).
OTOH, I have only one rental property, which makes things easier. YMMV.
Again, OP: what exactly does your lease say?
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